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(영문) 부산지방법원 동부지원 2018.11.29 2018고단658
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of corporation D in Suwon-gu, Busan, and is a person in charge of real estate development business who employs five full-time workers.

When a worker retires, an employer shall pay wages, retirement allowances, or all other money or valuables within 14 days after the cause for payment thereof occurs.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant at the above workplace from March 5, 2015 to March 14, 2017 (29,668,000 won in total, including the wages of workers E, who worked for the above workplace from March 5, 2015 (2,10,000 won in March 1, 2016, to February 1, 2017, and 2,100,000 won in monthly wages from April 2016 to February 2017, and 4,618,561 won in total, including the wages of workers from May 20, 2015 to March 14, 207; 10,90,000 won in total, including the wages of workers from March 1, 2016 to February 10, 207; 10,000 won in total, and 70,000 won in monthly wages from March 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and F preparation;

1. Application of Acts and subordinate statutes of a petition or labor contract;

1. Article 109(1), Article 36 of the Labor Standards Act (a violation of the duty to liquidate gold) concerning facts constituting an offense, and Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for each worker (a violation of the duty to liquidate gold);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Detention in a workhouse (when a sentence of suspension of execution is invalidated or revoked, the amount of fine shall not be paid) under Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing is considered in light of favorable circumstances) is as follows.

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